Kearny City Zoning Code

The uncontrolled placement of newsracks in public rights-of-way presents an inconvenience and danger to the health, safety and welfare of persons using such public rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic control and emergency services.

The uncontrolled placement of newsracks is also detrimental to the aesthetic characteristics of the Town and unsightly newsracks located in the public rights-of-way constitute public nuisances and cause visual blight.

It is the purpose and intent of this section, in the interest of public safety, aesthetics and the general welfare of the Town, to reasonably regulate the placement, maintenance and operation of newsracks within the Town of Kearny.

It shall be unlawful for any person, firm, corporation or distributor to erect, place, maintain or operate a newsrack on any public right-of-way within the Town of Kearny, without first having obtained a permit from the Zoning Official. The permit shall specify the exact location of each newsrack. One permit may be issued to include any number of newsracks and shall be signed by the applicant.

An application for such permit shall be made, in writing, to the office of the Zoning Official of the Town of Kearny upon such form as shall be provided and shall contain the name and address of the applicant and the proposed specific location of said newsrack or newsracks and shall be signed by the applicant. The application must be accompanied by a color sketch or color drawing, to scale, and specifications of the proposed newsrack depicting compliance with the requirements for dimensions, color and lettering, and the application shall be signed by the applicant.

If the applicant meets all the requirements of the provisions of this section, the permit shall be issued within 10 business days.

If the application is denied, the Zoning Official, within 10 business days and by regular mail, shall set forth in writing the reasons for the denial. For each requested location, the Zoning Official shall have an additional two business days to act.

Such denial by the Zoning Official may be appealed within 30 days to the Construction Board of Appeals who shall render a decision within 30 days.

Permits may be issued for the installation of a newsrack or newsracks, but such newsrack or newsracks and the installation, use or maintenance thereof shall be conditioned upon compliance with the provisions of this section.

The application for a permit shall require the payment of an application fee of $100.

There shall be a registration fee of $50 per newsrack payable after the time the application for a permit is approved.

The permit shall be valid for a period of one year, on a fiscal-year basis, commencing on January 1, and shall be renewable on January of the subsequent year. Permits shall be renewable pursuant to the procedure for original applications, upon payment of the $50 registration fee per newsrack which shall be used to defray the cost of inspection. The registration fee shall be prorated if the permit issued is effective subsequent to January 1.

No permit shall be issued or continued in operation unless the applicant and any other persons, organizations, firms or corporations on whose behalf the application is made for filing such application do represent, stipulate, contract and agree that they will jointly and severally defend, indemnify and hold the Town of Kearny harmless against liability for any and all claims for damage to property or injury to or death of persons arising out of or resulting from the issuance of the permit or the control, maintenance or ownership of the newsracks permitted.

No permit shall be issued or continued in operation unless the applicant shall file with the Zoning Officer an insurance policy or policies of a company duly licensed to transact business under the insurance laws of this State, with coverage limits of at least $100,000 per person and $1,000,000 per accident, insuring against loss from liability imposed by law upon the distributor for damages on account of bodily injury or death suffered, and in the sum of $50,000 against loss on account of property damage suffered by any person or persons as a result of an accident occurring by reason of the ownership, control or maintenance of a newsrack, and no permit shall continue effective unless such insurance shall remain in full force and effect, during the entire term of the permit. Such insurance policy shall provide for the payment of any final judgment recovered by any person on account of the ownership, maintenance and control of such newsrack, or any fault in respect thereto, and shall be for the benefit of any person suffering loss, damage or injury as aforesaid.

Each insurance policy shall provide that neither the distributor, nor its insurer, shall have any right to subrogation against the Town of Kearny. Each insurance policy shall provide primary coverage for any and all losses and shall be drafted so as to protect all parties.

The distributor shall have the Town of Kearny added as an additional insured on the insurance policies required by this subsection.

Any newsrack which in whole or in part rests upon or over any public sidewalk, roadway or street and which is so permitted in a location under the terms of this section shall comply with the following standards;

No newsrack shall exceed 49 inches in height, 20 inches in width or 18 inches in depth. Newsracks shall be manufactured of sturdy metal housing, using 12 gauge sheet metal or better, finished with a prime coat and baked powder coat finish.

Newsracks shall be green with white lettering, but lettering shall not exceed three inches in height and shall not cover more than 10% of the surface area of the newsrack.

Notwithstanding any provision in this subsection to the contrary, any newsrack located in a streetscape design area shall conform to the aesthetic characteristics of the streetscape plan.

No newsrack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the news materials sold therein.

Each newsrack wherein a consideration is charged for the dispensing of its product shall be equipped with a coin-return mechanism to permit a person using the machine to secure an immediate refund in the event that he is unable to receive the publication paid for. The coin-return mechanism shall be maintained in good working order.

Each newsrack shall have affixed to it, in a readily visible place so as to be seen by anyone using the newsrack, a notice setting for the name and address of the distributor and the telephone number of a working telephone service to report a malfunction or to secure a refund in the event of a malfunction of the coin-return mechanism or to give the notices provided for in this section.

Each newsrack shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each newsrack shall be serviced and maintained so that:

It shall be unlawful for any person or place to maintain any publication or material in newsracks which is obscene as defined by the United States Supreme Court and/or as set forth in N.J.S.A. 2C:34-2 or -3 or which exposes to public view any pictorial material which depicts or appears to depict nudity or offensive sexually explicit material.

Each newsrack shall be maintained to prevent the newspapers or magazines from being scattered about the area.

Each newsrack not located on an existing sidewalk or other hard surface area shall be placed on a precast concrete base. Installation, maintenance and removal of the base shall be the responsibility of the distributor.

No newsrack shall be placed or permitted except in conformity with the provisions of this section and upon permit application to the office of the Zoning Official. Any newsrack which rests in whole or in part upon or on any portion of a public street or sidewalk or projects onto, into or over any part of a public street or sidewalk shall be located in accordance with the provisions of the following:

In the event that a newsrack remains empty for a period of 10 continuous days or does not contain the publication specified in the application therefor within 96 hours after the release of the current issue, the Zoning Official may deem the newsrack abandoned and may, after having given 30 days' written notice to the applicant to remedy the problem specified in said written notice, remove the newsrack from the public right-of-way and/or impound said newsrack.

In the event that a newsrack does not confirm to any of the provisions of this subsection, the Zoning Official may deem the newsrack a nonconforming newsrack and may, after giving 30 days' written notice to the applicant to remedy the problem specified in said written notice, remove the newsrack and all supporting structures from the public right-of-way or impound said newsrack. Newsracks that do not contain proper owner/operator identification permanently attached thereto may be removed by the Town at any time without notice.

Storage after Removal. For any newsrack that is removed or impounded in accordance with this section and then stored by the Town, the Township shall charge a storage fee of $25 per day.